The authority to effectuate an arrest in Illinois
A new appellate court case, People vs. Kirvelaitis (No. 2-99-859, 2nd District, 8/9/00), contains an excellent discussion of a police officer's authority to arrest under current Illinois law.
Cook County villages enjoined from using P-tickets
For a number of years, certain villages located within Cook County, Illinois have been using programs to enforce traffic laws which programs are inconsistent with the enforcement of Illinois Vehicle Code.
Discovery in DUI, misdemeanor and traffic cases
One of the most difficult and confusing parts of a driving while under the influence (DUI) prosecution by a State's Attorney or village prosecutor is the anomaly under the law of the right to discovery by the Defendant.
Judicial estoppel to bar use of breath or blood test results?
In People v. Wisbrock, 223 Ill.App.3d 173 (3rd Dist. 1991), the appellate court ruled that the State was precluded from utilizing a breath result in a DUI trial, where the defendant's conduct at the time of testing had been construed as a test refusal at the summary suspension hearing.
Supreme Court Rule 415(g)(i) authorizes a trial court to impose sanctions for a party's inadvertent failure to follow discovery orders.
Recent traffic cases
A due process violation occurs where the state destroys evidence after the defense files a timely discovery motion seeking its preservation, even if the defense attorney cannot show that the evidence had exculpatory value.
State’s right to compel testimony in petitions to revoke
In a hearing on a petition to revoke supervision, conditional discharge or probation, does the state have the right to compel a defendant to testify? In People v. Bell, 296 Ill. App.3d 146, 694 N.E.2d 673, 230 Ill.Dec. 704, the court said yes.
Statutory summary suspension issues
A statutory summary suspension proceeding is a unique animal in that it meshes civil procedures with criminal and constitutional law.